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    Heirs of Aniolina Vda

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    anonymous anonymous
    The document summarizes a Supreme Court case regarding a dispute over land ownership. The key details are: 1. Exequeil Sebua mortgaged land he owned to Julian Bravante in exchange for a loan, with an agreement that Julian would farm the land until the debt was repaid. 2. After Exequeil and Julian's deaths, a dispute arose between their heirs over whether the transaction constituted an equitable mortgage or an absolute sale. 3. The Supreme Court ruled the transaction was an equitable mortgage based on circumstances listed in the Civil Code, including Julian allowing Exequeil to indefinitely extend the redemption period and remain in possession of the land.

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    Heirs of Aniolina Vda

    Uploaded by

    anonymous anonymous
    70 views2 pages
    The document summarizes a Supreme Court case regarding a dispute over land ownership. The key details are: 1. Exequeil Sebua mortgaged land he owned to Julian Bravante in exchange for a loan, with an agreement that Julian would farm the land until the debt was repaid. 2. After Exequeil and Julian's deaths, a dispute arose between their heirs over whether the transaction constituted an equitable mortgage or an absolute sale. 3. The Supreme Court ruled the transaction was an equitable mortgage based on circumstances listed in the Civil Code, including Julian allowing Exequeil to indefinitely extend the redemption period and remain in possession of the land.

    Original Description:

    HEIRS OF ANIOLINA VDA. DE SEBUA v FELICIANA BRAVANTE G.R. No. 244422 | July 06, 2022 ZALAMEDA, J.

    Original Title

    HEIRS OF ANIOLINA VDA

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    The document summarizes a Supreme Court case regarding a dispute over land ownership. The key details are: 1. Exequeil Sebua mortgaged land he owned to Julian Bravante in exchange for a loan, with an agreement that Julian would farm the land until the debt was repaid. 2. After Exequeil and Julian's deaths, a dispute arose between their heirs over whether the transaction constituted an equitable mortgage or an absolute sale. 3. The Supreme Court ruled the transaction was an equitable mortgage based on circumstances listed in the Civil Code, including Julian allowing Exequeil to indefinitely extend the redemption period and remain in possession of the land.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    70 views2 pages

    Heirs of Aniolina Vda

    Uploaded by

    anonymous anonymous
    The document summarizes a Supreme Court case regarding a dispute over land ownership. The key details are: 1. Exequeil Sebua mortgaged land he owned to Julian Bravante in exchange for a loan, with an agreement that Julian would farm the land until the debt was repaid. 2. After Exequeil and Julian's deaths, a dispute arose between their heirs over whether the transaction constituted an equitable mortgage or an absolute sale. 3. The Supreme Court ruled the transaction was an equitable mortgage based on circumstances listed in the Civil Code, including Julian allowing Exequeil to indefinitely extend the redemption period and remain in possession of the land.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    HEIRS OF ANIOLINA VDA.

    DE SEBUA v FELICIANA BRAVANTE


    G.R. No. 244422 | July 06, 2022
    ZALAMEDA, J. 
    DOCTRINE: Necessitous individuals are not, truly speaking, free persons; but, to
    answer a present emergency, will submit to any terms that the crafty may impose upon
    them.
    FACTS: In the said Complaint, petitioners alleged that she and her husband Exequeil
    Sebua were owners of a parcel of land which has an area of, more or less, sixteen
    thousand (16,000) square meters subject property. 
    Exequeil mortgaged the subject land to respondent's husband Julian Bravante for
    granting him, without interest, a loan in the amount of thirty thousand pesos P30,000.00.
    Exequeil and Julian agreed, among others, that Julian was to cultivate the land and to
    keep the income arising therefrom until Julian was able to redeem the subject land.
    Later, sometime in 1995, Exequeil visited Julian in Barangay Malaya Banga, South
    Cotabato to pay the loan and to redeem the subject land. However, Julian requested
    that he be allowed to continue cultivating the land. Being a good friend, Exequeil
    granted Julian's request. Again, sometime in 2003, Exequeil attempted to redeem the
    land but he learned that Julian already died a year earlier. Subsequently, on 29
    November 2003, Exequeil died as well.
    ISSUE: Whether the CA committed a reversible error in not finding that there are
    various circumstances that give rise to the presumption that the transaction is one of
    equitable mortgage.
    RULING: The Court finds merit in the Petition. 
    The requisites of equitable mortgage are the following: 
    1. the parties enter into what appears to be a contract of sale;
    2. but their intention is to secure an existing debt by way of mortgage.
    The provision also applies even to a contract purporting to be an absolute sale, as in
    this case, if indeed the real intention of the parties is that the transaction shall secure
    the payment of a debt or the performance of any other obligation.
    Under the Civil Code particularly ART. 1602 provides that:
    The contract shall be presumed to be an equitable mortgage, in any of the following
    cases:
    1.  When the price of a sale with right to repurchase is unusually inadequate;
    2. When the vendor remains in possession as lessee or otherwise;
    3.  When upon or after the expiration of the right to repurchase, another
    instrument extending the period of redemption or granting a new period is
    extended;
    4. When the purchaser retains for himself or herself a part of the purchase
    price;
    5.  When the vendor binds himself or herself to pay the taxes on the thing
    sold;
    6.  In any other case where it may be fairly inferred that the real intention of
    the parties is that the transaction shall secure the payment of a debt or the
    performance of any other obligation.
    In any of the foregoing cases, any money, fruits, or other benefit to be received by
    the vendee as rent or otherwise shall be considered as interest which shall be
    subject to the usury laws.
    In this case, Article 1602 is sufficient to declare a contract as an equitable
    mortgage. The explicit provision of Article 1602 that any of those enumerated
    circumstances would suffice to construe a contract of sale to be one of equitable
    mortgage is in consonance with the rule that the law favors the least transmission
    of property rights.

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